Serial numbers and lease agreements.

farmermechanic

Free Member
Oct 27, 2009
2
1
elham
A few years ago we wanted to improve our working conditions from a dirt floor and puddles to a dry concrete floor with new equipment to carry out our garage business. Unfortunately we didnt have much luck with our choice of contractors the first being the building which went to court and was settled out of court for defective workmanship. Then the contractors that were brought in to rectify the foundations which cost more than the building. They did the foundations but the floor was never started even though they had most of the monies they went into liquidation and owed us monies.
We then approached a garage supplier who said he would finance an MOT package and floor as the equipment is recessed. He would also supply the equipment he brought some documents for my husband to sign. We were only left with blank pre agreement papers in May 2008. A few weeks later the finance broker phoned to ask if we had the goods installed and we informed them that we did not have even a nut or bolt.
Yet a week later the garage supplier turns up with a digger to commence work. The agreements are received in the post a couple of days later stating what we are receiving and insurance papers covering the goods.
The only trouble is that the supplier never installed the items to comply with use. Quite a few items are still missing.
As there were a few issues regarding electricity we were not aware until quite a few months later.
Once these issues were sorted we asked for the missing items from the supplier as the finance companies said it was nothing to do with them a delivery note had been signed so the monies were released that was all they were concerned with. We got the broker involved they were really helpful for a start until they realised that the supplier was giving them the run around and it went higher and they basically said tough!! If the goods were not there we would have to find the money to buy them again.
We got into serious financially difficulty and basically got into arrears and one of the finance companies took a statutory demand against my husband and it was while we were gathering information for a solicitor that we found that none of the serial numbers tallied with any of the agreements they are an alphabet out not one number. We paid the first stat on the advice of the solicitor but we got a second one when the snow really messed cashflow and with the help of someone else we sucessfully got it set aside.They are now wanting to remove the equipment which has been found to be dangerous do we let them.
Also the supplier is now stating 3 years later that the equipment was 100% delivered and installed and certificated and has the paperwork to prove it. (which it never was.
We have been to the police, citizens advice and trading standards to try to get ourselves heard.
One finance company has been sucessful in getting a CCJ against us due to the agreement being signed not the delivery note. So the other two could win on the same clause even though one of them we have never ever received the equipment the lease agrees to.
Anybody got any ideas please.:|:|
 

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